BE IT RESOLVED, that the city council of the city of Duluth hereby
issues the following on sale 3.2 percent malt liquor license for the period
beginning July 1, 2007, and ending April 30, 2008, and approves issuance of an
on sale wine license for the period beginning July 1, 2007, and ending August
31, 2007, subject to departmental approvals, the payment of sales and property
taxes, and further subject to approval of the liquor control commissioner:

Alcohol, gambling and tobacco commission discussion of 2/7/2007: Carol
Valentini was present on behalf of the application. Ms. Valentini explained
that she would like to open restaurant at a new location that is currently
being remodeled and hoped to be open during the summer of 2007. She continued
saying that while food is the primary focus of the restaurant, she would like
to be able to serve beer and wine with the dinners. To questioning from the
commission, Ms. Valentini replied that her family owns a restaurant business
in Chisholm where she has worked, and they will be conducting server training
in April for herself and all the employees at this new location. Officer
Latour stated that the police department recommends this application for
approval.

Ms. Lutterman reviewed that this proposed restaurant is next to Leif Erikson
Park, and a question had been raised with regards to the city’s Charter
restriction on liquor licenses within 400 feet of a park. Ms. Lutterman went
on to say that the attorney’s office had city council proceedings researched
along with title records and found the original documents by which the city
obtained this land, and found that the use of the land isn’t sufficiently
restricted to be considered a park for purposes of the Charter. She stated
that parks are one of the purposes authorized when the city obtained the land
but it isn’t limited to park purposes. Ms. Lutterman stated that all of this
documentation and council records and proceedings were reviewed by the
attorney’s office, and the city attorney has opined that the land within 400
feet of the location of the proposed restaurant is not sufficiently restricted
as a park to be in violation of the City Charter.

To questioning from the commission as how this would apply to other liquor
applications near park property, Ms. Lutterman replied that each application
would be dependent upon how the land was deeded to the city and what
restrictions the council placed on the land.

There being no further discussion, Mr. Serre moved that THE APPLICATION OF
ROSE GARDEN ENTERPRISES, LLC (VALENTINI’S VICINO LAGO), 1400 LONDON ROAD, FOR
AN ON SALE 3.2 PERCENT MALT LIQUOR LICENSE AND ON SALE WINE LICENSE FOR THE
PERIODS BEGINNING MAY 1, 2007, AND ENDING APRIL 30, 2008, AND AUGUST 31, 2007,
RESPECTIVELY, WITH CAROL VALENTINI, 50 PERCENT STOCKHOLDER, AND SONJA
BAERTSCH, 50 PERCENT STOCKHOLDER, BE APPROVED, AND THE SAME BE RECOMMENDED TO
THE CITY COUNCIL FOR APPROVAL. Mr. Karki seconded the motion and it was
unanimously approved.